Application under Section 482 Cr.P.C. to quash proceedings in a criminal case. Applicant counsel declined to press the prayer. Application disposed of without detailed adjudication.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 11189 of 2021
Applicant :- Naseem Chaudhary And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Amit Pathak, learned counsel for the applicants and Sri Gyan Prakash Singh, learned State Law Officer appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 13.12.2019 and 03.01.2020 and N.B.W. dated 03.02.2021 as well as entire proceeding of Session Case No. 304 of 2020 (State vs. Naseem Chaudhary and others), arising out of Case Crime No. 306 of 2019, under Sections 420, 406, 506 IPC and 3(2)(v) of SC/ST Act, P.S. Deoband, District Saharanpur, pending in the court of Special Judge (ST/ST Act), Saharanpur.
Learned counsel for the applicants at the very outset submits that necessary ingredients for invocation of provisions of 482 Cr.P.C. are not made out in the facts of the present case. Accordingly he does not wish to press the prayer made in the application. The reliefs sought in the application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and seek recall of the order dated 03.02.2021 in terms of which non-bailable warrants have been issued.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 1.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Naseem Chaudhary
Another
State of U.P.
Another
Yogendra Kumar Srivastava
As recorded by the court registry
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